LeFever et al v. United States of America

Filing 67

ORDER granting 58 Motion to Stay; Case referred to Mediation; SEE ORDER FOR ALL INFORMATION; Signed by Honorable A. Richard Caputo on 05/02/19 (cc: J.Barrett, ADR Coordinator)(ep)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHRISTOPHER LEFEVER, et al.,
Plaintiff
v.
UNITED STATES OF AMERICA,
Defendant

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CIVIL NO. 3:17-CV-1499
(Judge Caputo)

ORDER
AND NOW, this 2nd day of MAY 2019, upon consideration of the United States
of America’s unopposed motion to stay proceedings on Mr. LeFever’s FTCA claim and
appoint a mediator, it is hereby ORDERED that:
1.

The unopposed motion (ECF No. 58) is granted.

2.

This case is referred to the Court’s Alternative Dispute
Resolution Coordinator for assignment of a mediator.

3.

Mr. LeFever’s FTCA claim is stayed pending a written report
from the mediator.

4.

The United States and Mr. LeFever shall engage in
mandatory mediation efforts regarding Mr. LeFever’s FTCA
claim against the United States before this litigation
proceeds further.

5.

As part of this mandatory mediation program, Mr. LeFever
and the United States shall be required to meet and engage
in good faith discussions to determine whether the FTCA
claim can be resolved.

6.

The United States shall determine whether any other similar
cases have been litigated in the federal prison system, and
at the time of court-ordered mediation sessions, shall
provide the court-appointed mediator(s) and Plaintiff with
public record information concerning the outcome of these
cases, to assist and inform the Plaintiff in evaluating
settlement proposals made by the Defendant.

7.

To reduce cost, time, expense, inconvenience, and to
suitably address institutional security concerns, the United
States and the mediator will coordinate with officials with the
Bureau of Prisons to schedule either in-person or videoconference mediation sessions with Mr. LeFever at a
mutually convenient time and in a manner that comports with
the needs and concerns of prison officials.

8.

The United States, Mr. LeFever and the appointed mediator
shall complete mediation in this matter by Wednesday, July
10, 2019. The mediator shall promptly notify the Court in
writing if this case is resolved through mediation.

9.

Mediation discussions are confidential and may not be
utilized by any party if settlement is not reached.

/s/ A. Richard Caputo
A. RICHARD CAPUTO
United States District Judge

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